1998, c. 10CANADA MARINE ACT

• 1. (1) The definitions droits and installations portuaires in subsection 2(1) of the French version of the Canada Marine Act are repealed.

• (2) The definitions “goods” and “port authority” in subsection 2(1) of the Act are replaced by the following:

  “goods”

  « marchandises »

  “goods” includes personal property and movables, other than ships.

  “port authority”

  « administration portuaire »

  “port authority” means a port authority incorporated or continued under this Act.

• (3) The definitions “fees” and “port facility” in subsection 2(1) of the English version of the Act are replaced by the following:

  “fees”

  « droit »

  “fees” includes harbour dues, berthage and wharfage, as well as duties, tolls, rates and other charges, but does not include payments made under a lease or licence agreement.

  “port facility”

  « installation portuaire »

  “port facility” means a wharf, pier, breakwater, terminal, warehouse or other building or work that is located in, on or adjacent to navigable waters that is used in connection with navigation or shipping, land incidental to its use and any land adjacent to navigable waters that is used in connection with navigation or shipping.

• (4) Paragraph (b) of the definition “owner” in subsection 2(1) of the Act is replaced by the following:

  • (b) in the case of goods, the agent, sender, consignee or bailee of the goods, as well as the carrier of the goods to, on, over or from any real property or immovables to which this Act applies.

• (5) Subsection 2(1) of the French version of the Act is amended by adding the following in alphabetical order:

  « droit »

  “fees”

  droit S’entend de toute forme de taxe, péage, contribution ou redevance, notamment pour l’accès, l’accostage et l’amarrage au port, à l’exclusion de toute somme versée au titre d’un bail ou d’un permis.

  « installation portuaire »

  “port facility”

  installation portuaire Quai, jetée, brise-lames, terminal, entrepôt ou autre construction situés dans les eaux navigables ou à la surface ou à proximité de celles-ci — y compris les terrains liés à leur utilisation ou adjacents aux eaux navigables — et affectés à la navigation ou au transport par eau.

2. The heading before section 4 of the Act is replaced by the following:

• 3. (1) The portion of section 4 of the Act before paragraph (b) is replaced by the following:

  Marginal note:Purpose of the Act

  4. In recognition of the significance of marine transportation to Canada and its contribution to the Canadian economy, the purpose of this Act is to

  • (a) implement marine policies that provide Canada with the marine infrastructure that it needs and that offer effective support for the achievement of national, regional and local social and economic objectives and will promote and safeguard Canada’s competitiveness and trade objectives;

  • (a.1) promote the success of ports for the purpose of contributing to the competitiveness, growth and prosperity of the Canadian economy;

• (2) Paragraph 4(h) of the Act is replaced by the following:

  • (h) promote coordination and integration of marine activities with surface and air transportation systems.

4. Subsection 6(2) of the Act is replaced by the following:

• 5. (1) The portion of subsection 8(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Letters patent

  • 8. (1) The Minister may issue letters patent — that take effect on the date stated in them — incorporating a port authority without share capital for the purpose of operating a particular port in Canada if the Minister is satisfied that the port

• (2) The portion of subsection 8(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Contents of letters patent

    (2) The letters patent shall set out the following:

• (3) Subparagraph 8(2)(f)(iii) of the Act is replaced by the following:

  • (iii) one individual appointed by the province in which the port is situated, and, in the case of the port wholly or partially located in Vancouver, another individual appointed by the Provinces of Alberta, Saskatchewan and Manitoba acting together, and

• (4) Paragraph 8(2)(l) of the Act is replaced by the following:

  • (l) the limits on the power of the port authority to borrow money on the credit of the port authority for port purposes or a code governing that power, as the case may be; and

6. Section 9 of the Act is replaced by the following:

• 7. (1) Subsections 10(1) and (2) of the Act are replaced by the following:

  Marginal note:Continuance of harbour commissions

  • 10. (1) If the Minister is satisfied that the criteria set out in subsection 8(1) are met, the Minister may issue in respect of one or more harbour commissions established under the Harbour Commissions Act, letters patent continuing the harbour commission as a port authority that set out the information required by subsection 8(2).

  • Marginal note:Effect of letters patent

    (2) On the day on which the letters patent are issued, the harbour commission becomes a port authority and the Harbour Commissions Act ceases to apply.

• (2) The portion of subsection 10(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Rights and obligations preserved — harbour commissions

    (3) The rights and obligations of a port authority that was one or more harbour commissions immediately before letters patent were issued are as follows:

• (3) Paragraph 10(3)(d) of the Act is replaced by the following:

  • (d) the personal property or movable, and any rights related to it, that the harbour commission manages, or the title to which it holds, on behalf of Her Majesty in right of Canada, whether or not in its own name, become the property and rights of the port authority;

• 8. (1) Paragraph 12(3)(d) of the Act is replaced by the following:

  • (d) the personal property or movable, and any rights related to it, that the local port corporation administers, or the title to which it holds, on behalf of Her Majesty in right of Canada, whether or not in its own name, become the property and rights of the port authority;

• (2) Paragraph 12(4)(d) of the Act is replaced by the following:

  • (d) the personal property or movable, and any rights related to it, that relate to the port and that the Canada Ports Corporation administers, or the title to which it holds, on behalf of Her Majesty in right of Canada, whether or not in its own name, become the property and rights of the port authority;

9. The Act is amended by adding the following after section 13:

10. Subsection 14(2) of the Act is replaced by the following:

Marginal note:2003, c. 22, s. 113(E)

11. Paragraph 16(c) of the Act is replaced by the following:

12. Paragraph 19(1)(b) of the Act is replaced by the following:

13. The Act is amended by adding the following after section 21:

14. Section 25 of the Act is replaced by the following:

15. The Act is amended by adding the following after section 25:

16. Subsection 27(1) of the Act is amended by striking out the word “and” at the end of paragraph (e) and by adding the following after paragraph (f):

• 17. (1) Subsection 28(4) of the Act is replaced by the following:

  • Marginal note:Restrictions

    (4) A port authority shall not carry on any activity or exercise any power that it is restricted by its letters patent from carrying on or exercising, nor shall it carry on any activity or exercise any power in a manner contrary to its letters patent or this Act.

• (2) Subsections 28(6) and (7) of the Act are replaced by the following:

  • Marginal note:Compliance with code

    (5.1) If a port authority that is subject to a code governing its power to borrow enters into a contract, or executes any other document, for the borrowing of money, the document shall include an express statement that the borrowing complies with the code.

  • Marginal note:Duty of directors

    (6) The directors of a port authority shall take all necessary measures to ensure

    • (a) that the port authority and any wholly-owned subsidiary of the port authority comply with subsections (5) and, if appli- cable, (5.1); and

    • (b) that any subcontract arising directly or indirectly from a contract to which subsection (5) applies expressly states that the port authority or subsidiary, as the case may be, enters into the contract on its own behalf and not as agent of Her Majesty in right of Canada.

  • Marginal note:Borrowing limitations may be imposed

    (7) If a port authority or a wholly-owned subsidiary of a port authority fails to comply with subsection (5) or (5.1), or the directors of a port authority fail to comply with subsection (6) or section 30.1, the Minister of Finance, on the recommendation of the Minister of Transport, may impose any limitations that the Minister of Finance considers to be in the public interest on the power of the port authority or subsidiary to borrow money, including limitations on the time and terms and conditions of any borrowing.

• (3) Subsection 28(13) of the French version of the Act is replaced by the following:

  • Marginal note:Activités antérieures

    (13) La filiale à cent pour cent d’une administration portuaire peut continuer à exercer les pouvoirs et les activités qu’elle exerçait le 1^er décembre 1995; les pouvoirs et les activités qu’elle cesse d’exercer après cette date ne peuvent être exercés de nouveau que si les lettres patentes le lui permettent.